International Journal of Trend in Scientific Research and Development (IJTSRD)
Volume 4 Issue 1, December 2019 Available Online: www.ijtsrd.com e-ISSN: 2456 – 6470
A Legal Analysis of the Role of Bar Associations towards
Access to Justice for the Poor: A Case Study of Cameroon
Akama Samuel Penda1, Ngatchou Toto Carles2
1Senior
Lecturer, 2Assistant Lecturer,
1,2Department of English Law, Faculty of Laws and Political Science, University of Maroua, Cameroon
How to cite this paper: Akama Samuel
Penda | Ngatchou Toto Carles "A Legal
Analysis of the Role of Bar Associations
towards Access to Justice for the Poor: A
Case Study of Cameroon" Published in
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Volume-4 | Issue-1,
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pp.1109-1118, URL:
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ABSTRACT
On the basis of unequal access to justice in Cameroon characterized by an
imbalance between the rich and poor, it is the aim of this paper to suggest that
the main principles of the rule of law should be improved for the poor, in
order to ensure equity in every society. Considering that legal representation
constitutes the core of access to justice, the present paper attempts to
critically analyse the contribution of the Cameroon Bar Association towards
access to justice for the poor, focusing on Cameroon, with the objective of
promoting good governance and reducing poverty. The challenges that
emerged from this study are to enable lawyers to reconcile their professional
interests and those of their clients, to replace the business aspect of the legal
profession with the traditionally altruistic role of lawyers, and by so doing,
provide equal justice to the poor. The paper concludes that in Cameroon, as in
other places, the Bar helps more than it hinders access to justice. In order to
strengthen the role of the Bar in promoting access to justice, the establishment
of CARPA is recommended here, whose additional advantage, apart from that
of promoting good handling of clients’ money, is promoting good governance
within the bar, may be to provide through bank interest, funds to finance legal
aid.
Copyright © 2019 by author(s) and
International Journal of Trend in Scientific
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KEYWORDS: Access, Justice, Poor, Bar, Lawyers
1. INRODUCTION
These days the concept of ‘justice for all’ is one of the most
fundamental and widely articulated principles of our
modern societies. As political claims for Human Rights,
Democracy, Equality, and Justice are made, researchers and
scholars believe it is necessary to investigate these notions1.
By so doing, much has been said and written on access to
justice. In so much as it returns to this well-trodden ground,
some justification for this paper is therefore required. Early
writers on access to justice for the poor focused on the role
of institutions such as the judiciary rather than Bar
associations, although it is generally agreed that the basis of
access to justice is legal representation and counsel which
lawyers are committed to ensure. The contribution of Bar
associations is of significant importance with regard to
access to justice, so we thought it wise to contribute to filling
this gap, while at the same time attempting in general to
contribute to knowledge on access to justice as an important
factor to good governance and poverty reduction.
This paper insist on the fact that access to justice is a
necessity and not a luxury for our society: ‘access to justice is
1B. R Njupouen, Access to Justice for the Poor What Role For
Bar Associations? The Case of Cameroon, Master of Science
In Governance And Development Management, University Of
Birmingham, 2005.
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a fundamental right of every person’2. On the basis that there
is unequal access to justice among people in many societies
characterised by an imbalance between the poor and rich,
and to ensure equality in every society, one of the most
prominent principles of the rule of law and democracy,
access to justice should be improved for the poor3. In
concrete terms, development of access to justice for the poor
is likely to help poverty reduction4. Particularly, the present
paper suggests a contribution to the achievement of the
Millennium Development Goals (MDGs) in Cameroon, and
more generally in other developing countries, in improving
access to justice –rule of law not necessarily being a specific
goal in itself, but part of the global environment that has to
2Statement by participants from 20 different commonwealth
countries in the Caribbean and South Pacific regions and
from a wide range of legal and non-legal professionals in
Kingston, at the conclusion of a workshop organised by the
Commonwealth Secretariat.
3Available at: https://iproject.com.ng/sociology/povertyand-access-to-justice/index.html. Accessed on 12 October
2019
4DFID, Justice and Poverty Reduction. London: DFID issues,
2000. And UNDP, Access to Justice – Democratic
Governance,’ Access to Justice Practice Note’ -December
2004, accessed on the internet on 20 06 2018 at
http://www.undp.org/governance/justice.htm.
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be addressed in view of achieving the 8 MDGs5. It is also the
aim of this paper to show that legal institutions have a
valuable role to play in that aim. Among those institutions
are Bar Associations or, in other words, lawyers.
After considering Bar Associations in developed countries,
this paper draws lessons for the Cameroon Bar, such as that
ethics in the legal profession is a condition to good
governance at the bar. In practical terms, our goal is to
highlight issues, provoke discussion and thus approach
possible solutions, rather than evaluate the profession or
reach ‘pat’ solutions6. This is in view of the greater concern
for poverty reduction and good governance, and restoration
of the classical notion of lawyer that has more to do with
altruism and dignity7 than business. However, this article
subsequently suggests that the Bar Association is an
independent expert body that is likely to efficiently promote
access to justice and can be trusted by the state and
international agencies, as well as being given greater means
to carrying out access to justice related projects. Additionally
it should be considered that lawyers have professional
interests and that few are found in certain developing
countries8. It is suggested that paralegals help in providing
basic legal guidance before lawyers are approached in filing
cases to Courts9.
2. Understanding the meaning of access to justice
Access to justice means different things to different people.
In its narrowest sense, it represents only the formal ability to
appear in court. Broadly speaking, it engages the wider
social context of our court system, and the systematic
barriers faced by different members of the community.
Unfortunately, research papers and discussions often do not
clearly set out what view of “access to justice” they are
taking. This not only makes it challenging to understand the
goals being sought, but it also makes it difficult to translate
these goals into practical plans and programmes10. The
following paragraphs describe various approaches to access
to justice from narrow to broad.
5 D. Zelmira and N. Bolivar, ‘The Wider Institutional Context’
in Reaching the Millenium Development goals in Paraguay :
How is the government of Paraguay facing up the
challenge?(Abente et al).Report of Study visit to Paraguay of
the Memmbers of the masters Programme in Governance
and Development Management.Birmingham: University of
Birmingham, 2005.
A. The right to appear in court
The narrowest conception of “access to justice” has its
origins in liberal 18th and 19th century states, and refers to an
individual’s formal right to litigate or defend11. It
encompasses the right to “have your day in court”12. While
access to justice was considered a “natural right”,
governments did not feel a positive obligation to protect this
right through affirmative action programmes13 .
B. Advocacy for those who cannot afford it
Starting in the 1960s, definitions of access to justice focussed
on “practising law for poor people”. The goal was to provide
legal representation to impoverished individuals who could
not otherwise afford legal advice. It aimed to counteract the
cost, delay and complexity of the legal system14. This concept
of access to justice forms the foundation for today’s legal aid
and poverty law clinics.
In more recent times, the legal aid movement has been
expanded to include access to legal advice for the middleclass. This is the current position of the Canadian Bar
Association’s National Access to justice committee, which
frames access to justice as “the ability of low and middle
class families to get the legal help or information they
need”15. While the CBA acknowledges the existence of some
vectors of marginalization such as disability and
aboriginality, they are only considered as additional factors
which can complicate matters if they happen to coincide
with a low or middle-income situation16.
C. Reforming the justice system
A slightly broader definition of access to justice encompasses
the need to advocate for people who cannot afford lawyers,
but also focusses on the inadequacies and limitations of the
legal aid system. This approach builds on the “legal aid”
model by calling for reforms of the justice system by
simplifying procedural and formal requirements and
implementing mechanisms for group and third-party
claims17. Generally, reforms in this conception of access to
justice focus on the civil justice process.
D. Equality of outcomes
With the advent of the Canadian Charter of rights and
freedoms in 1985, the idea of equality resulted in a shift
towards a broader conception of access to justice18. This
approach looks beyond equality of opportunity for
st
6 G. P. Richard, Positive Approaches to 21 Century Access to
11 Available at: https://quizlet.com/403949678/rule-of-law-
Justice, 1999. Accessed on the 20 July 2018 at
www.wsba.org/media/publications/barnews/archives.
7 A. Richard L, The Legal Profession in England and Wales.
Oxford: Basil Blackwell 1998 and D. Pannick,
Advocates,Oxford: Oxford University Press, 1992.
8 M. Anderson, Access to Justice and Legal Process: Making
Legal Institutions Responsive to Poor People in LDCs,
comment paper on access to justice and legal process, 2003.
Paper for discussion at WDR Meeting, 16-17 August
1999.Accessed on 25 July 2018 at www.penalreform.orgdownload/commentonthediagramsofproblems.
9Available
at :
https://www.ibanet.org/Document/Default.aspx%3FDocum
entUid%3D8F020FA1-D13A-4429-BF51-F9C08672D255 .
Accessed on 12 October 2019
10 Available at: http://www.aclrc.com/what-is-access-tojustice. Accessed on 12 October 2019.
flash-cards/ . Accessed on 12 October 2019.
M. Cappelletti and B. Garth, eds, Access to justice Volume
1: A World Survey, Book 1 (Aphenaandenrijn: Sijthoff and
Noordhoff, 1978) [Cappelletti and Garth] at 6-7.
13 Ibid.
14 Ibid.
15 M. Dempster, “Justice for all”, Canadian Bar Association
National: Legal insights and practice trends 22:2, March
2013, available online at CBA National Magazine,
http://nationalmagazine.ca//, accessed on 20/06/2018
16Available at: http://www.aclrc.com/what-is-access-tojustice , Accessed on 8 October 2019
17 R. A. Macdonald, “access to justice in Canada today” in Julia
Bass, WA Bogart and F. H. Zemans, eds, Access to justice for a
new century: the way forward, Toronto: Law Society of
Upper Canada. 2005, [Macdonald] at 19.
18 Ibid.
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underprivileged or underrepresented litigants. Instead, it
aims to achieve equality of outcomes by addressing the
barriers faced by those trying to access the judicial system19.
Remedies include reforming and streamlining many areas of
the legal system, as well as reforming other social
institutions with the goal of creating a more holistic model of
service.
This broader approaches argues that true access to justice
must be considered in light of social variables which have
historically has a negative impact on the ability of certain
individuals or groups’ ability to access justice20. Such
variables include Aboriginality, racialization, gender,
disability, class and sexual identity21. There is also an
increased focus on providing resources towards serving the
public at the early stages of a problem22.
This approach encompasses elements from other
approaches, including the use of simplified court procedures,
alternative dispute resolution and other preventative
measures in an effort to solve legal problems before they get
to a litigation stage23. These views have also been echoed
very recently in four working group reports of the Action
Committee on Access to Justice in Civil and Family matters
published in 2012-201324.
E. The Future of Access to Justice
Where is the concept of “access to justice” headed next?
Critics of current access to justice initiatives have called for
societal change beyond the legal realm, by encouraging the
justice system to develop partnerships with communities
and governments to develop more holistic solutions to legal
problems25.
Some commentary points to the need to move away from
court-centric and lawyer-centric approaches which focuses
on solving the problems of community members in their
daily lives26. This requires access to justice research to shift
its focus away from asking how lawyers can provide more
services to the public, towards reaching a better
understanding of what the law means and does not mean in
the context of problems in everyday peoples live27.
Other critics argue that individuals should be allowed to
have a say in what kind of justice they wish to have (e.g.
restorative justice)28 and that the high cost of attending law
Ibid.
Ab Currie, “The legal Problems of Everyday Life: The
nature, extent and consequences of justiciable problems
experienced by canadians”, Ottawa: Department of justice
Canada, 2007.
21 Available at: http://www.aclrc.com/what-is-access-tojustice , Accessed on 08 October 2019.
22 Currie, Supra
23 Dempster, Supra).
24 Alberta Civil Liberties Research Cebtre, What is access to
justice, available at www.aclrc.com, accessed on 18 June
2018.
25 Macdonald, Supra
26 Ibid
27 B. G. Garth, Comment: a revival of access to justice
research ? in Rebecca Sanderfur, ed, Sociology of crime law
and deviance, volume 12, Bradford, GBR: Emerald Group
Publishing Ltd, 2009. Pg 258.
28 Ab Currie, Ibid.
19
20
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school has the effect of forcing young lawyers to avoid
opportunities to advocate for marginalized peoples because
of pressures to find high-paying jobs to pay down their
education debt29.
2.1. Barriers blocking access to justice for the poor
We have developed four key barriers blocking access to
justice,
2.1.1. Funding for Legal Aid Services
This will be examined below when we shall be discussing on
the Cameroonian legal aid system.
2.1.2. High Cost for legal action
Though the court system is often the only way to resolve
personal conflicts and obtain justice in civil circumstances,
the court fees and costs of representation that come with
legal action add up. For too many citizens, that cost is
prohibitive and justice sits on the backburner. Legal aid is
available for the poorest citizens, but is often lacking for
those who exceed the poverty line yet don’t have the budget
to accommodate these costs30.
We feel like the court fees are structured such that working
class people are discouraged from solving disputes via the
legal system. We help people with no money, and people
with a tiny amount of money, but we don’t have help for
people who make more but live pay check to pay check.
Despite this sad reality, the poorest people are often
defendants and not plaintiffs, so generally no fees are
involved. But lower income people should be able to assert
their rights by bringing cases proactively, as well; they
shouldn’t be limited.
2.1.3.
Lack of automatic right to counsel in Common
legal circumstances
Anyone familiar with the name “Dick Wolf, Producer” should
know their Miranda rights by heart, and those include a right
to counsel. But the civil system doesn’t work the same way. A
surprising number of common matters, including housing,
custody, and debts proceedings, guarantee no legal counsel
at all31.
It’s a problem because the average citizen likely can’t
advocate for their case as effectively as possible without the
expertise of a legal professional to back them up. There is a
shocking data for this subject: from a study I carried out here
in Maroua, Only 1% of cases have a lawyer on both sides.
Many of these cases are debt collection, eviction – so one
theory is that there isn’t any defence anyway.
There is additional data in evection cases in which the
plaintiff is represented versus those where the defendant is
not: in 62 % of those cases, eviction happens. But if there is a
lawyer on the other side, its 36%. That’s a big difference. Our
court system is adversarial, it’s designed to have advocates
on both sides to ensure a fair fight.
O. Ha-Redeye, “access to justice starts with legal tuition”,
Slaw.ca, 5 may 2013.
30 S. Bock, Barriers blocking access to justice (and how to
break
them),
November
2018.
Available
at
www.relativity.com, accessed on 10 June 2018.
31 Ibid.
29
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2.1.4.
Lack of Awareness of legal rights, services and
procedures
As the old saying goes, “you don’t know what you don’t
know” and that’s painfully true for citizens trying to engage
with the legal system alone. Many of us simply don’t know
what rights we have, what services are available to us, or
how to navigate an often cumbersome court system with
complex procedures and rules32.
Sadly, even when people do qualify for aid, they may not
know it. We do have relief for poor citizens in Cameroon, and
it’s an awareness problem – we need to make sure people
know about that. We need to increase funding to make
people aware of the issue as well as address it directly. It’s
difficult because the court can’t fundraise, but we can use
creative partnerships to work with other funders and make
progress.
2.2. Mechanisms of access to justice
The mechanisms suggested for strengthening the rule of law
and the protection of human rights internationally are also
relevant for access to justice in Cameroon. Law diffusion,
access to counsel and legal aid are such mechanisms
developed in this regards33. According to Bolivar Njupouen,
Law diffusion seems a little general as it suggests a diffuse
process. However, international tools place more focus on
access to counsel and legal aid34. These mechanisms are
more accurate for the real ‘need’ of poor people, and focus on
real cases. Access to counsel and legal aid appears as a public
good, as they have been made an obligation in various
international instruments35.
Bolivar Njupouen went further to state that, Legal aid is
organized differently depending on whether it is a civil or a
criminal issue. As far as criminal justice is concerned, the law
requires states to provide lawyers for poor litigants. In this
case the judges organize legal aid that is basically
representation in courts. They appoint lawyers depending
on their qualifications and availability. The law states that
Bar Associations can provide lawyers for pro-bono where
the state does not provide lawyers that the state pays to that
effect.
Civil matters require the direct legal aid of the bar, that is,
lawyers appointed by the bar council to work on a pro-bono
basis. Bars also organize legal advice in both cases, by
lawyers in free consultations. In certain countries there are
lawyers working on their own in their chambers on a
voluntary basis, provided that it complies with the
regulations of the bar association.
Additionally, there are in some countries paralegals, working
on a voluntary basis or lowly paid for legal advice36. This is a
step, before getting lawyers involved when need be. In the
UK, the Citizens Advice Bureaux fulfils this role. The public
Ibid.
B. R Njupouen, Access to Justice for the Poor What Role
For Bar Associations? The Case of Cameroon, Master of
Science In Governance And Development Management,
School Of Public Policy International Development
Department University Of Birmingham, 2005.
34 B. R Njupouen, Ibid.
35 Ibid.
36 Ibid.
32
33
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aim of CABx is ‘to ensure that individuals do not suffer
through lack of knowledge of their rights and responsibilities
or of the service available to them or through an inability to
express their needs effectively and equally, to exercise a
responsible influence on the development of social policies
and services, both locally and nationally’37.
The action of Civil Society through various NonGovernmental Organizations (NGOs) towards promoting law
diffusion and legal literacy and advice, all in the aim of
improving the outcomes of justice decisions for the poor,
should not be forgotten38. Countries have different
organisations, which are all, however, based on the principle
of free aid and the provisions of the international legal
framework. It is the aim of the next section to assess the role
of bar associations through such mechanisms.
2.3. Ensuring Access to the Law
International standards provide that bar associations have
an obligation to ensure access to the law for all persons in a
jurisdiction39. The UN Basic Principles include four articles
on access to legal services without discrimination (based on
a non-exhaustive list of social status) and with specific
provisions for the poor40. Additionally, bar associations are
to work with governments to ensure that all persons have
equal and effective access to legal services and are assisted
by lawyers without improper interference (Arts 24-25)41.
Access to legal services not only requires the availability of
lawyers and proximity to services, but also necessitates the
affordability of legal services or the provision of low-cost or
free legal services to groups and individuals who are unable
to afford them. The UN Basic Principles call on governments
to ensure that there are sufficient resources to ensure legal
services to the poor42. They also underline, however, the
important role that bar associations play in the organization
and provision of such services, and in particular in enabling
the poor to access them43.
The International Bar Association (IBA) has also argued that
one of the key responsibilities of bar associations is to
promote free and equal access of the public to the justice
system, including the provision of legal aid and advice44. To
ensure that no person is denied justice, the IBA also states
that bar associations should make available the services of
lawyers to those unable to pay for such services45. In its Pro
Bono Declaration, the IBA states that such pro bono services
are an integral part of the legal profession and therefore an
37 Citizens Advice Bureaux. Accessed on the 3 august 2018 at
‘http://www.citizensadvice.org.uk/print/index/campaigns/
social_policy/briefings/br_legalaffairs/crdelivering_access_to_justice.
38 B. R Njupouen, Ibid.
39 Lawyers, Conflict transition, Effectiveness of bar
associations in conflict and crisis, December 2016.
40 UN Basic Principles on the Roles of Lawyers, (7 September
1990), paras 1-4.
41 Ibid. paras 24,25.
42 Basic Principles, paras 1-4.
43 Ibid.
44 International Bar Association, IBA Standards for the
Independence of the Legal Profession, Adopted 1990. n. 11,
para 18(e).
45 Ibid. para 15.
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integral part of the role and responsibilities of bar
associations46.
As both the UN Basic Principles and the IBA suggest, the
provision of pro bono legal services should be consistent and
permanent as an integral part of the organization of the legal
profession. However, the provision of pro bono services are
of particular importance during periods of crisis or conflict47.
As will be discussed further below, where jurisdictions
experience upheaval, bar associations have a fundamental
role in ensuring that all persons and communities, and
particularly the poor and underprivileged, have the
opportunity to access legal services.
3. Bar associations and its contribution to access to
justice
This section makes an assessment on the role lawyers and
Bar associations could play towards access to justice for the
poor. We shall first start by examining if the Bar has a special
interest on the poor making references to international
instruments. We shall go further to reconsider the
professional interest of bars and the examples we shall be
given will be used to illustrate how the Bar in developed
countries deliver legal aid, while at the same time fulfilling
their professional interest.
3.1.
Does Bar associations have a special interest for
the poor
The Basic Principles of the Role of Lawyers, adopted by the
8th United Nations Congress on the Prevention of Crime and
the Treatment of Offenders, Havana, 1990, state:
1) All persons are entitled to call upon the assistance of a
lawyer of their choice to protect and establish their
rights and to defend them in all stages of criminal
proceedings.
2) Governments shall ensure that efficient procedures and
responsive mechanisms for effective and equal access to
lawyers are provided for all persons within their
territory and subjects to their jurisdiction, without
distinction of any kind, such as discrimination based on
[…], economic or others status.
3) Governments shall ensure the provision of sufficient
funding and other resources for legal services to the
poor […]. Professional associations of lawyers shall
cooperate in the organization and provision of services
[…].
4) Governments and professional associations of lawyers
shall promote programs to inform the public about their
rights and duties under the law and the important role
of lawyers in protecting their fundamental freedoms.
Special attention should be given to assisting the poor
[…] persons so as to enable them to assert theirs rights
and where necessary call upon the assistance of
lawyers.’
Reference can also be made to the Principles and Guidelines
on the Right to a Fair Trial and Legal Assistance in Africa
(AU-ACHPR, 1994 cited in Baderin, 2005), which states:
IBA, IBA Pro Bono Declaration, 16 Oct 2008, paras 1-2.
Available
at
http://www.ibanet.org/Document/Default.aspx?DocumentU
id=C4B06FD6-A807-44D4-A98A-C73B464589C6
47 Ibid
46
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‘(f) Professional associations of lawyers shall co-operate in
the organization and provision of services, facilities and
other resources, and shall ensure that:
1) When legal assistance is provided by the judicial body,
lawyers with the experience and competence
commensurate with the nature of the case make
themselves available to represent an accused person or
party to a civil case;
2) Where legal assistance is not provided by the judicial
body in important or serious human rights cases, they
provide legal representation to the accused or party in a
civil case, without any payment by him or her.’
The aforementioned are clear on the duties of lawyers.
Having said that, it is important to explore their original
interests.
3.2. The role of bar associations
3.2.1. To provide aid
A Bar Association is a professional association of lawyers.
Some Bar associations are responsible for the regulation of
the legal profession in their jurisdiction; others are
professional organizations dedicated to serving their
members; in many cases, they are both. In many
commonwealth jurisdictions, the bar association comprises
lawyers who are qualified as barristers or advocates in
particular, versus solicitors. Membership in bar associations
may be mandatory or optional for practicing attorneys,
depending on jurisdiction48. Bar Associations, as the above
suggests, could be seen as aiding access to justice. The
profession helps people regardless of their wealth to have
access to justice. Talcott49 supports this theory as he writes:
‘his [the lawyer’s] function in relation to clients is by no
means only to ‘give them what they want but often to resist
their pressure and get them to realize some of the hard facts
of their situations, not only with reference to what they can,
even with clever legal help, expect to get away with but with
reference to what the law will permit them to do.’ Lawyers
defend their clients’ interests and consider their problems as
theirs.
Furthermore, given the gap between various groups and the
imbalance of justice, mechanisms are put in place and
lawyers and bars play an important role: ‘lawyers […]
display their altruism in providing gratuitous or low-cost
services; but the magnitude of such charity seem to vary
inversely with how extensively it is publicized – conspicuous
production being the necessary complement of compactors
consumption ’50. However although they assist the poor
through pro-bono activities, lawyers also have professional
interests to fulfil51.
3.2.2. Hindrances
Lawyers generally practice to make a living and gain money.
They interact with their clients, who have their own
Available
at:
https://en.wikipedia.org/wiki/Bar_association , Accessed on
08 October 2019.
49Talcott Parson, 1964, p.384, quoted by Abel Richard L., The
Legal Profession in England and Wales. Oxford: Basil
Blackwell, 1988. pg. 26.
50 Abel Richard L., The Legal Profession in England and
Wales. Oxford: Basil Blackwell, 1988. pg. 30.
51 B. R Njupouen, Ibid.
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interests, that of being advocated, and who trust them and
give them the authority to represent and defend their
interests. The challenge in such relations is to have a winwin draw that satisfies each party52. But what sometimes
happens is that the agents overlook their own interests and
Bowles53 writes on this relationship when he says ‘the moral
hazard arising from the lawyer-client relationship is a
standard principal-agent problem in which there is a conflict
of interest between two parties and an asymmetry of
information between them.’ For instance, the client agrees to
pay the lawyer an hourly rate, ‘w’ and delegates to the
lawyer the choice of how many hours of work ‘h’ to devote to
the matter. An honest lawyer will only act in what s/he
judges to be the best interests of her client and will choose
the hours ‘h’ which would be recommended by an impartial
observer. The unscrupulous lawyer, however, can maximize
profits by suggesting to the client that the prospects of the
case are better than they really are, in an effort to persuade
the client that the best solution is to spend ‘h**’ hours on the
case54. In this situation, the client who lacks sufficient
knowledge may have to spend more and wait longer for
results. As aforementioned, ‘justice delayed is justice denied.’
This is an example of hindering access to justice.
Moreover, citizens who can’t pay legal representation are
unable to represent themselves because of the restrictions
placed by the Bar Association. ‘In most legal systems, private
citizens are not even allowed to appear in court to present
their own cases, a monopoly of competence is bestowed on
the legal profession. Legal rules therefore require litigants to
use Lawyers, who in turn are rare and expensive55. An
extreme example is in Chad, where there are roughly 100
judges and seven practising lawyers for six million people56’.
In such circumstances, instead for a lawyer to defend the
poor against abuses, they will rather concentrate on making
money57. It has been noted that professions generally tend to
neglect the public good, despite claims to be ‘refining their
technical skills in the service of society58’ due to their selfinterest. This would also appear to be true for the legal
profession.
Much more could be written on how Bars hinder justice.
However, certain Bar Associations where human rights and
good governance have been proven demonstrates how
difficult it is to reconcile both the interests of lawyers and
those of their clients. This is illustrated below with the
French and English Bars.
B. R Njupouen, Ibid.
R. Bowles, Reform of Legal Aid and the Solicitors’
Profession in Hume papers on Public Policy, vol.4 No 4:
access to justice. Edited by Frank Stephen. Edinburgh:
University Press, 1996.
54 Bowles 1996, Ibid.
55 B. R Njupouen, Ibid.
56Webb, Ibid. Pg. 50
57 M. Anderson, Access to Justice and Legal Process: Making
Legal Institutions Responsive to Poor People in LDCs,
comment paper on access to justice and legal process, paper
for discussion at WDR Meeting, 2003. Pg. 16-17.Accessed on
25
July
2018
at
www.penalreform.orgdownload/commentonthediagramsofproblems.
58 Abel 1988, Ibid. Pg. 30
52
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3.3. The experience of renowned international Bars
The mechanisms of legal aid are similar in all countries. To
avoid being repetitive, the following examples focus on
innovative features.
3.3.1. The English Bar and the British examples
The Bar Council of England
The Bar of England is an example of a strong commitment in
delivering access to justice for the poor. The Bar Council
critically responded to a Government White Paper by stating
that: “the aims of the Bar of England are to ensure:
Justice: that everyone can obtain justice in the Courts
within a reasonable time and at a reasonable expense;
Access: that everyone has the best possible access to the
services of lawyers of the calibre they need, both
solicitors and independent and specialist barristers;
Choice and competition […];
Cab-Rank Rule: that barristers are available to represent
everyone requiring legal representation whether in
criminal or civil proceedings whoever they may be and
whatever their cause;
Quality and Standards […]; Fair and Reasonable Price
[…]; Advocacy […]; Legal Advice: that objective advice of
high quality is available from solicitors and other
professionals from an independent Bar;
Quality of Judges […]”59.
This commitment is also seen in the organisation of the
English Bar, there are several specialisation branches such as
the English Society of Labour Lawyers and many services for
legal aid, such as the Legal Service Commission, the Legal Aid
practitioner group, the Bar pro-bono group, the Free
Representation Unit, and the legal aid policy service at the
Law society60.
Nevertheless, Critics were clear that “the legal profession as
presently organized has failed to provide high quality legal
services to persons in such capacities as consumers, welfare
beneficiaries, or enjoyers of clean air [….] a movement has
now begun to provide diffuse interest with the advocacy
services of quality corporate law firms, and Pr. Handler’s
Essay on ‘Public interest Law Firms in the United States’
examines the most important manifestation of this new type
of lawyer. Private foundation-sponsored public interest law
firms, operating since about 1970, began the process of
finding means to redress the imbalance of advocacy61, which
hinders the enforcement (and further development) of
important new rights on enforcement.
In fact, with the growing demand of free legal consultation
supposedly due to the government, according to the Bar:
‘The government has for ten years reduced the availability of
legal aid and thus greatly increased the numbers of those
with small means who cannot afford necessary legal advice
and representation’62, the state has increased mechanisms to
make legal aid, and thus the Bar, more efficient. Many other
institutions have been helping with legal advice before
lawyers are required in the courts or elsewhere to represent
Bar Council 1989, Pg. 1-2
B. R Njupouen, Ibid.
61 Cappelletti, M. (Ed), Access to Justice and the Welfares
state, Martinus Sijthof Publishers,Neetherlands, 1981.
62 General Council of the Bar, 1989, Pg.8,
59
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poor litigants63. These include Ombudsman, Law Centres,
Legal Advice Centres and more significantly, Citizen Advice
Bureaux.
British Citizens Advice Bureaux
Citizens Advice Bureaux, or CABx, is a network of
independent charities throughout the United Kingdom that
give free, confidential information and advice to assist
people with money, legal consumer and other problems64.
The twin aims of the Citizens Advice service are “to provide
the advice people need for the problems they face” and
secondly “to improve the policies and principles that affect
people’s lives”65. This research and campaigns agenda also
known as social policy is more preventative in nature and
designed to stop problems arising in the first place66.
‘The Citizens Advice Service is a key agency involved in
helping people gain access to justice in today’s society and its
role is to ensure that ‘individuals do not suffer from lack of
knowledge of their rights and responsibilities, or of services
available to them, or their inability to express their needs
effectively and equally to exercise a responsible influence on
the development of social policies and services, both locally
and nationally.67’ However, the Bar makes it clear that ‘the
Citizens Advice Bureaux, Law Centres and Legal Advice
Centres cannot be used as a substitute for a proper system of
legal aid68.
Despite this, it is noticeable that between 2016 and 2017, it
helped 2.7 million people with 6.3 million problems and over
48 million people visited their digital service69. This amply
illustrates the impact such institutions have on access to
justice and legal aid. This is likely to solve the problem of
effectiveness and will make the Bar and Lawyers more
effective as they contribute at a higher level.
3.3.2. The French Bars and CARPAs
In France, there is something called CARPA (Caisses des
Reglements Pecuniares des Avocats). It means that lawyers
are not allowed to hold clients’ money, but must pay it into
the bar’s account, under the control of the president of the
bar. There are over 100 CARPAs in France, and each is under
the political and ethical control of the local bar, rather than
of a central body or a financial institution70. CARPA is not
itself a bank, but works with banks.
The French are very proud of their system, for a number of
reasons. First, it guarantees the safety of client funds. They
don’t need a Compensation Fund like that in the USA and
Hansen, Ole, Legal aid in Practice-3rd Edition. London:
Legal Aid Action Group, 1993.
64 J. Insley, Citizens Advice Cuts threaten the most vulnerable
money, the Guardian, retrieved 21/05/2019
65 Campaigns, available at www.enfieldcab.org.uk, accessed
on 18 July 2018
66
Available
at:
https://livewell.oxfordshire.gov.uk/Services/3393
,
Accessed on 15 September 2019
67 B. R Njupouen, Ibid.
68 General Council of the Bar, 1989. Pg. 9
69 Wins charity of the Year, Citizens Advice. Retrieved on 23
February 2018.
70 J. Goldsmith, Compensation Fund – Can we learn from
France?, the Law Society Gazette, 16th July 2009.
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England, because clients’ money is not susceptible to theft by
individual lawyers, all going to the bar. Secondly,
transactions relating to the funds are immediately traceable,
and so they believe that money laundering and other lawyerrelated financial crime become impossible, or nearly so.
Lastly, although there are rules for paying interest to clients
in exceptional cases relating to length of time or size of
deposit, the usual rule is that the interest remains with
CARPA. The interest payments accrued to CARPA in this way
are sizeable, and, once CARPAs own expenses have been
paid, they go towards public interest activities undertaken
by the bars (such as the Paris Bar’s Solidarity Bus, which
travels around Paris giving free legal advice to citizens)71.
This will be perfect in Cameroon where corruption is very
high. The French government is so convinced of the
respectability of the system that they gave responsibility for
payment of all legal aid funds to the CARPAs as well in 1991.
There are two things in play here, which do not need to go
hand in hand. First, the bar controls all client money, taking
it out of the control of individual lawyers. It is a disciplinary
offence for a lawyer not to hand over clients’ money to the
CARPA system. Secondly, the interest payments by and large
go to the bar72. It seems to me that you could have the first
without having the second. Would it work here? I am
throwing it into the ring as something to think about, but I
know that it has been considered before, but is not yet
operational to date. Here are some possible reasons why it’s
not operational till date.
First, France has a fragmented system of local bars – over
180 of them, more than there are cheeses. Well over half of
them have fewer than 100 lawyers. Apart from the Paris Bar
and maybe a handful of larger cities, the rest are very small,
and indeed the total size of the French profession is under
half that of ours. That contrasts with the centralised system
in England and Wales, where the regulator would have to
manage singlehandedly the accounts of over 100,000
solicitors73 and over 5000 solicitors in Cameroon.
Second, the work of French lawyers – avocats – is different to
that of solicitors, in that the avocats work is a notarial system
where notaries undertake real estate, family and other work
which traditionally involves the transfer of large sums of
money. Therefore, I assume that the sums passing through
solicitors’ accounts are much, much larger, and probably
more complex, than those passing through the accounts of
avocats. On top of that, although Paris is also a financial
centre, the combination of the nature our country and the
work of solicitors would make handing the law firms’
accounts particularly challenging.
But I’m still trying to be positive, and offer it as something to
be considered when pockets are smarting from the way that
we handle clients’ money. Look across the channel – there
might be another way.
4. The Cameroonian bar association
It is argued that before showing particular interest on the
poor, the Bar should be free and apt in defending everyone,
Ibid.
J. Goldsmith, Ibid.
73 Ibid.
71
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thus contributing to the enforcement of the rule of law74. The
suggestion that the Bar be independent appears to be
relevant in the case of the Cameroon Bar. Moreover, there
are serious concerns in Cameroon over the significant role
the Bar Association could play in legal aid for the poor.
However conflicts of interest and poverty in general
continue to threaten this. Paralegals and CARPA are
suggested solutions for an efficient legal aid system in
Cameroon75.
Section 4.1 examines the Bar’s role towards access to justice
for the poor. The next section makes an assessment of the
Cameroonian legal aid system by examining its nature 4.2
and making an appraisal 4.3.
4.1. The bar towards justice for all
In his analysis on the state of the rule of law in Cameroon,
Justice A.N.T. MBU (2000)76 suggested: ‘the rule of law is
freedom under the law. Freedom under the law is equality
before the law: Equality before the law is equality of
protection by the law. Protection under the law means due
process of law: due process of law means trial by your own
peers, anybody whose rights have been violated, has a right
to remedy given to him by the law’. The due process suggests
not only an independent Magistracy, but also an independent
Bar. Muna77 exploring the role of the Cameroonian Bar in the
processes of social justice asked “is the independence of the
Bar as vital as the independence of the Judiciary?” and cited
the Canadian Bar Association Committee78 to reply:
conformity with the required conditions and its capacity to
defend everyone. To some extent, it can be said that the Bar,
since its creation in 1972, has succeeded in keeping its
independence81 despite temptations and its members
provide defence to all (poor and rich). But beyond that, the
challenge is to determine what role the Bar plays specifically
for the poor.
4.2. The Nature of the Cameroonian Legal Aid System
Legal aid can be defined as a system or a mechanism that
allows the underprivileged to benefit from total or partial
procedural fees like registration fees, bailiff, notary or expert
fees. It is also considered as an aid to any natural persons
whose resources are insufficient to defend their interests.
Within this perspective, legal aid enables the beneficiary to
obtain either court judgment or the enforcement of it with
no prior payment of all or part of the costs which he ought to
have paid. In this circumstance, legal aid concerns all
expenses by the courts, procedures or acts for which it is
granted. Article 2 of the 2009 law referred to above states
that, legal aid is said to be total when it is not limited to
certain acts nor specific stages of the procedure and partial if
the decision granting it indicates that it is limited only to
certain specific acts or specific procedure82.
“In the first place, access to an independent legal expert
is just as critical for a viable legal system as access to an
independent judge. […]. Without such a legal expert,
there can’t be any true access to the legal process at all,
with equivalent injustice and alienation. In the second
place of the two, the legal expert’s independence is the
more difficult to ensure. A legal expert must be free to
oppose and frustrate both government interests and
public sentiment.”
But then, there is a resurging question as to what are the
conditions for obtaining legal aid? The realistic response is
that; not everyone can claim legal aid, although its scope has
been expanded with the new law. Therefore, only a specific
category of people can benefit from it. In order to enlighten
the public, the law enumerates in its Article 5 persons
eligible to apply for legal aid. They are the indigenes, that is
to say the extremely poor and needy, persons subject to the
discharge tax etc. It is also granted to natural persons whose
resources are inadequate to have their rights enforced by a
court or to follow up the enforcement of any writ or process
of execution obtained without legal aid or an unemployed
wife with minor children in proceedings of divorce with her
husband83.
The Bar can perhaps be seen as a watchdog which plays a
role in ensuring the rule of law and, through this, access to
justice for all. The Cameroonian Bar association comprises
1500 lawyers, almost one lawyer for 10000 citizens,
autonomously managed by the Bar Council whose members
are elected by their peers79. As lawyers work on their own
and the Bar is managed as described above, the profession is
independent. Section 1 of the law regulating practice at the
Bar stipulates that the legal profession is independent, and
honorariums are discussed between clients and lawyers80.
The problem with the Bar’s role in access to Justice is its
Legal aid may exceptionally be granted to moral persons
with inadequate resources to enforce their rights in court.
Article 6 of Chapter 2 extends its beneficiaries to workers
who are victims of an accident at work, claiming for
compensation against their employers and an unemployed
wife who has no resources and has been deserted by her
husband so that she can obtain from the court an order of
maintenance for herself or for the children under her
custody. Other beneficiaries from legal aid are persons under
death sentence making an appeal, whose defence was not
handled by an advocate before the lower court.
B. R Njupouen, Ibid.
75 Ngatchou Toto Carles. An Assessment of Cameroon’s Legal
Aid System as an Instrument to Promote Access to Justice for
the Poor. Journal of Constitutional Law and Jurisprudence.
2019; 2(2): 54–65p.
76 Mbu, ATN. 2000. The Common law in Cameroon: Lecture
on ‘The rule of law’.
77 Ibid. Pg 97
78
Canadian Bar Association Committee. 2000.The
independence of the Judiciary in Canada. Ottawa Ontario:
The Canadian Bar Foundation.
79 B. R Njupouen, Ibid.
80 Recueil de lois.1990.Droits et Libertés. Yaounde:SOPECAM
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4.3. An Appraisal of the Cameroonian Legal Aid System
In this section, an appraisal of the Cameroonian legal aid
system is made with emphasis on its practice and what has
been done so far to better access its effectiveness on the
poor.
81
Muna, 1993
82 Ngatchou Toto Carles. An Assessment of Cameroon’s Legal
Aid System as an Instrument to Promote Access to Justice for
the Poor. Journal of Constitutional Law and Jurisprudence.
2019; 2(2): 54–65p.
83 Ibid
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4.3.1. Legal Aid Centres
With the objective to attain “access to justice for all”, the Bar
created legal aid centres at various courts for those who
cannot afford lawyers84. The Bar realized that the poor lost
cases in court either because they were not aware that they
were entitled to free legal aid, did not understand the
complex legal procedures or were legal illiterates or simply
illiterates. Although ignorance of the law is not an excuse, the
Bar thought it wise that the underprivileged should not
suffer from ignorance of their rights. The Bar provide
assistance to indigenes who could provide a certificate of
indigence, minors, women and victims of massive
exploitation of land. Moreover, legal aid provides legal
information for every litigant, guides them through their
legal procedures and assist them in every step of their
judicial procedure85.
4.3.2. International donors
International donors also fund legal aid in Cameroon. For
instance, at the initiative of the Canadian Cooperative, the
first of three centres was created at the court of Appeal in
Yaoundé. Following this, the British Council also opened a
legal aid centre in Bamenda which covers the North West
Region and that which was created in Kumba was
transferred to Buea and covers the whole of the South West
Region86. Funds are not used to pay lawyers. Lawyers are
paid pro bono. Generally, it concerns all lawyers, but in
practice it is left to unexperienced lawyers and beginners. A
roaster is normally drawn with lawyers working on shift.
They receive clients and provide legal assistance or advice
depending on the nature of the problem.
These legal aid centres provide aid to many Cameroonians.
Although the statistics from the Bar association may seem
insignificant87, it nevertheless shows that lawyers are
participating in improving access to justice for the poor.
These lawyers provide their services pro bono and the Bar
does not remunerate them.
Another project which provides legal aid in Cameroon is
PACDET, as it helps prisoners gain access to justice.
4.3.3. PACDET Project88
This is a program for the amelioration of the conditions of
detention for prisoners and the respect of Human Rights.
This project was launched in 2002 by the European Union as
a result of studies and research which showed that several
citizens were awaiting judgments in very bad conditions of
detention89. The British Council manages it and the
Cameroon Bar Association provides expertise.
It effectively began on 30 June 2007 in certain prisons in
Cameroon like that of Bertoua in the Eastern Region of the
country. The general objective of this programme is to
B. R. Njupouen, Access to justice for the poor: What role
for Bar Associations? The case of Cameroon, Master’s Thesis,
University of Birmingham, 2005.
85 Ibid.
86 Ibid.
87 Cameroun Bar Association. 2000. Evaluation des
conditions de détention dans les prisons au Cameroun.
Yaoundé.
88 Programme pour l’amélioration des conditions de
détention et respect de droit de l’homme.
89 Ibid.
improve the respect of Human Rights in Cameroon by
ameliorating the judicial and prison system in general and
more particularly to reduce the dysfunctions and abuses
linked to detention, precisely pre-trial detention.
Lawyers assist prisoners in enrolling their cases for
judgment90, with some simply need medical treatment, legal
advice or release for medical or other reasons. Generally
these prisoners lack information, not only because of their
literacy level but also because of their situations as detainees
and the way they are treated in prisons.
The Bar signed an agreement with the project to provide
lawyers who are experts. These lawyers provide legal
assistance to these prisoners. Lawyers assigned by the bar
council don’t receive money from their clients. They receive
a sum of 25000 XAF (Central African CFA Franc) equivalent
to $45 per session91, which is very low compared to the
amount they normally agree with their clients92. One may be
tempted to say that lawyers through this project contribute
significantly in helping the poor gain access to justice, which
is not the case as shall be illustrated subsequently.
The above efforts notwithstanding, access to justice through
legal aid and assistance is still a major problem in Cameroon.
4.3.4. Conflict of Interest
Cameroonian lawyers have sometimes become an obstacle
to access to justice for their clients instead of serving as
catalyzers. They have difficulties in fulfilling their client’s
interest with theirs. When a lawyer for example, who also
acts as an agent, defends his client in a case of a serious
accident which resulted to death, physical or mental
incapacity or the loss of an organ, and subsequently damages
are paid, it is his duty under Cameroonian law to collect the
money and give to his clients. Even though lawyers and their
clients generally agree in advance on a fixed sum to be paid
to the lawyer, some lawyers are tempted after recovering the
money to keep more than what they should93. Many of these
cases have been reported to the Bar council94. The
consequences of such actions are that; lawyers illegally
enrich themselves, increase in poverty for the clients and
access to justice is generally undermined, particularly for the
poor. In fact there is a conflict of interest between both
parties. Furthermore, the reputation of the Bar is
undermined as the society generally have a negative opinion
of lawyers. Mechanisms have been put in place to deal with
such cases and this assures good governance within the
profession95. Many of such complaints have been brought
before the Bar council and these types of actions have an
impact on access to justice in Cameroon.
Another problem is that of lawyers who retain their client’s
documents and do not assist to court sessions even after
receiving payment. They maximize profits and take other
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PACDET. 2002. Convention –cadre de soutien entre le
Pacdet et le .barreau du Cameroun.
91 Ibid.
92 Ordre des avocats de Paris. 2002. Les dossiers du barreau
de Paris: Maîtrise et transparence des honoraires,
Nov.2002,No 1, Paris :Publications de l’Ordre.
93 N. M. Ebénézer, De l’Excellence à la Médiocrité, Yaoundé:
Editions Clé, 1970.
94 Ibid.
95 Republic of Cameroun 1990.
90
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jobs. Additionally, in the poverty context, lawyers take
money from their clients and make fake arrangements with
the lawyers of the adversaries who make good offers. This is
sad because magistrates are sometimes involved in this kind
of poor justice, especially when the interest of the rich and
most powerful are involved. This situation where the
powerful and rich dominate over the poor is an obstacle to
access to justice for all. As Windsor Harriet, an ambassador
rightly said:
‘The promise to assure all citizens equal rights before the
law is good, but the reality is absolutely essential and, I
am sorry to say , it is not always apparent. Too often, and
we all know this to be true, the letter of the law is not
respected in Cameroon. […]. At times certain individuals
with political influence, with financial clout, enjoy an
advantage over their opponents in the courts, and justice
does not prevail. […]. Sometimes certain influential
individuals have succeeded in pressurising the courts to
issue judgments that respond less to the law than to
individual will…96.’
From another perspective, some pupils are sent by some
lawyers to deal with the poorer clients. Given that, these
pupils are not paid by their masters according to the internal
regulation of the Bar council, nor given transport money,
they are likely to collect money from their clients and this
can have serious consequences on the poor.
The Bar is aware of these problems and tries as best as
possible to deal with them, with the objective of assuring
access to justice for the poor. Nevertheless, legal aid in
Cameroon is still a nightmare attached with strings. Certain
recommendations are suggested below for the Cameroonian
state and the Bar.
4.3.5.
The Creation of CARPA and paralegals in
Cameroon
CARPA (not yet in force) was put in place by the Bar in order
to ensure good representation. Cross sections of the
constitution state that CARPA are non-lucrative entities
which are under the patronage of the Bar Council; the
interests generated at the bank shall be used by the bar
council to fund training and to supplement legal aid97.
It is also important to consider the distribution of lawyers
across the country. There are approximately 1500 lawyers
for 16 Million people: more than 1/10000, which is not quite
sufficient98. As the Bar has the positive attitude of copying
from renowned foreign bars, it is suggested that paralegal
bodies, such as citizen’s advice bureaux, be established to
help with legal information, as in England. They would also
cover the national territory more fully as lawyers are
concentrated in main cities and do not often move to provide
legal advice. If local paralegals covered that, it would only be
left to lawyers to make the trip in order to cover
representation before the courts for a proper legal aid. The
benefit of this would be to limit lawyers to representation, in
such a way that they would have sufficient time for their
96 MBU, ATN, The Common law in Cameroon: Lecture on ‘The
rule of law’, 2000
(Ordre des Avocats du Cameroun,2004 and UNCA,1999).
98 B. R. Njupouen, Access to justice for the poor: What role
for Bar Associations? The case of Cameroon, Master’s Thesis,
University of Birmingham, 2005.
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other richer clients. This is likely to decrease conflicts of
interests.
5. CONCLUSION AND RECOMMENDATION
5.1. Conclusion
Justice can only be accessed if it is shared equitably among
citizens. The reality is that the wealthy and privileged are
likely to have justice on their side, either because of their
influence over those rendering justice, lack of rule of law,
corruption or political influence, or simply because others
cannot afford fees for good lawyers. In practical terms,
lawyers are contributing towards access to justice by
assisting their clients, regardless of their status, with advice
and/or defence. However, some lawyers are hindering
access to justice because they have not been able to reconcile
their professional interests with that of their clients. Such
cases were reported and it was found that poverty, a flexible
rule of law and a high rate of corruption might hamper
access to justice for lower classes.
Nevertheless, in Cameroon the Bar has taken significant
steps in ensuring access to justice for the poor. An
admittedly insufficient number of lawyers has intervened in
advising and representing certain categories of poor people
through legal aid. The Bar has also established legal aid
centres, where lawyers provide legal advice and
representation in courts free of charge for certain relevant
cases among indigents, women, minors, and victims of
violation of human rights. Funds provided by the European
Union enabled the Bar in assisting prisoners for little or no
payments. Although the Bar council punishes behaviours
which are contrary to the exigencies of loyalty and probity,
the indelicacy of certain members of the Bar council
continue to render justice inaccessible for the poor.
Moreover, to prevent the mismanagement of clients’ funds
by lawyers, the Bar Council introduced CARPA. Analyses
suggest that the Cameroonian Bar, like other Bars, helps
more than it hinders access to justice. To conclude, the
Cameroonian Bar contributes significantly to improving
access to justice for the poor. However, there is still much to
be done. Certain recommendations are suggested below for
the Cameroonian Bar and State.
5.2. Recommendation
The Bar should inculcate the altruistic spirit of lawyers
through training and disciplinary sanctions. This will create
a suitable environment for the rule of law which is an
indispensable condition for access to justice for the poor.
Necessary steps should be taken in order for CARPA to go
operational in Cameroon. This will be beneficial not only to
the bar association, but also to lawyers, their clients and the
state. It is a secure and efficient way of dealing with clients’
money and thereby improving access to justice. Banking
interest gotten from this money will enable the Bar to
finance legal aid and training.
Moreover, to cope with the scarcity of lawyers, it is
suggested that paralegals could contribute in providing legal
advice while lawyers concentrate on representation in court.
In this regard, The State and Civil society should provide
structures like CABx in the UK, with the aim of reaching the
MDGs and donors should add subsidies for legal aid and legal
education.
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